NYE Cancellation

Blah114 · #1 01-01-2011, 09:48 AM

I had a cancellation last night.. but not until I'd arrived and set up some of my stuff.. I got there early.. like 4 hours before start.. that was stupid of me to get there early. I was just anxious and figured I'd go to dinner beforehand, etc. About 1 hour away also, without traffic, one-way.

1) private deal.. guy had a relative pass away

2) huge storm leveled the guy's brother's business.. I believe it also.. but it was 80 miles+ away..

The guy is not trying to skip on pay entirely but suggested he give us all half pay.. this was a fill in deal.. there was a contract for FULL PAY pending 72 hours' cancellation.. with the band.

I had nothing going on otherwise but would have preferred not to have wasted time. If the family's relative really passed away, I think I should take $75 tops and call it even.. that pays for gas, etc.. it happens. However, the guys in the band, who booked the show, want full pay.. and it's about $500 per person. I think "what comes around goes around.. " and things happen. I am torn about it. The guys are going to demand full pay, but tactfully.. I am telling them to just get $100 or so per person on the condition they book the band again.

This was @ a very very small club in a hotel, 3-piece deal.. and I know the hotel will pursue full payment. The cancellation was less than 24 hours' notice. And the contract with the band stated 72 or more hours' notice was required.. The hotel's contract is likely more strict.. food, catering, etc.. all done and set up, or nearly set up when the show was cancelled.

If someone's relative really does pass away, I feel bad taking full payment.. that's me. Besides storm damage.. The family can't have a party when their grandfather has passed away that same day.. I don't think the money should be taken.. just maybe $100 per person to cover the time.. the other guys feel they could have done OTHER shows on a huge night of the year and deserve full pay, per the contract (which I've not even seen).

Thoughts appreciated.. I think it's "cursed" money, though..

Smokin' Toaster · #2 01-01-2011, 09:56 AM

You are a compassionate human being and you are trying to do the right thing. Shame on your bandmates. I think $75 or whatever covers your travel expenses is a nice gesture, and it's the way you'd like to be treated (and the way your heartless bandmates would like to be treated as well) if the situation was reversed. So you are following the golden rule of treating others as you would like to be treated. How can you possibly be wrong? And if your bandmates demand and get full pay.. a pox on the money they get.

Blah114 · #3 01-01-2011, 10:07 AM

Quote:

Originally Posted by Smokin' Toaster

You are a compassionate human being and you are trying to do the right thing. Shame on your bandmates. I think $75 or whatever covers your travel expenses is a nice gesture, and it's the way you'd like to be treated (and the way your heartless bandmates would like to be treated as well) if the situation was reversed. So you are following the golden rule of treating others as you would like to be treated. How can you possibly be wrong? And if your bandmates demand and get full pay.. a pox on the money they get.

yes.. but it was a fill in deal.. they are not my bandmates.. just so you know.. for the record.. I agree with you, though. no matter what happens.. I will give anything above $100 back to the family.. I think I just solved it.. the guys can do whatever they want.. but when they do.. I will mail the rest of my payment back to the booker.. I guess I think the other guys should do the same.. $75.. $100.. tops.. $100 would be nice.. $75 would be fine.. and fair. I am pretty sure I won't end up playing with these guys again in any case.. they are much older than me and I really did not know all the material that well. But I did this as a favor to the bassist who could not do this show.

**TRichardsbass** · #4 01-01-2011, 10:53 AM

What you are personally doing is a nice gesture, but as Ronnie Reagan said, "trust but verify." I had a situation similar where a gig was cancelled less then four hours ahead and they had said they had a family emergency. I felt bad, and let them off the hook with a reduced price. Turns out they didn't have the emergency at all, but found a DJ for less and decided to go with them at the last minute. I was mad. I sued in small claims and won.

So, I would make sure that the story is real. If that is true, then be altruistic. If its not, you should get everything, fill in or not.

RustyAxe · #5 01-01-2011, 10:57 AM

It's business, pure and simple. The contract called for full pay, and that's what you should take, not a nickel less. I'm supposin' the contract called for $xxxx for the BAND, not for $xxx for each individual. If you don't want the money, the rest of the band can split it. Really.

cableguy · #6 01-01-2011, 11:15 AM

I agree with TRicharsbass. Try and verify some of the info if possible. Sounds like you were there onsite so you would know if they replaced you with a DJ. Anyway, the Golden Rule, Karma, whatever you call it. If the person who hired you was truthful I think you are right in your thinking. Nothing wrong with some compassion in a tough circumstance for someone.

davec · #7 01-01-2011, 11:26 AM

I would suggest that you ask them to verify and suggest that the band is open to 1/3- 1/2 of the agreed $ based on that verification.

An obituary will confirm surviving family and should be available online. I would suggest covering a little more than just expenses, but also your time albeit at a reduced rate.

Steve · #8 01-01-2011, 12:20 PM

Tough call.

With proper notice, I'd cut some slack but to me proper notice is "Before I lift".

After I lift, I want full pay. I'm sure whoever cancelled that gig knew way before you did and blew the phone call off.

Zooberwerx · #9 01-01-2011, 12:39 PM

You're entitled to full pay as per the contract...that's why it exists. It's arguable that you turned down other full-pay gig / employment offers to accept the now-cancelled private party. If the employer had evoked the 72 hr. cancellation option, you would have at least a fighting chance of securing another gig. I'm not unsympathetic but you have to watch out for your best interests. If you want be nice guys, you could always offer up a discounted deal on yet-to-be-scheduled future engagement.

Riis

Modulator · #10 01-01-2011, 12:49 PM

I think that karma is a two way street. I don't find it very ethical to agree to full pay on the event of cancellation and then offer half pay when that cancellation occurs, regardless of the circumstance.

MNAirHead · #11 01-01-2011, 12:51 PM

Out of fairness from your bandmates (for that night they were)...

Take full pay then return what you feel is fair.

I can understand discounting.. to wait until you're there is not fair to you.. you trashed a newyears --- chances are they had more notice than you did.

I am for being real and benevolant -- really doesnt' sound like your host was.

BrickBatMansion · #12 01-01-2011, 01:10 PM

Quote:

Originally Posted by Steve

I'm sure whoever cancelled that gig knew way before you did and blew the phone call off.

This.

Blah114 · #13 01-02-2011, 09:16 AM

I found out there was truly a death in their family.. I'll keep $100 and give the rest back.. the other guys can do whatever they want. I don't think the family cares about the money.. that being said, they are trying to pay less than the full amount.. If I were them, I'd offer to pay full amount and count on people being nice.. I'll let the guys argue with them.. I am asking for $100, which means they "keep" the rest. It is an entirely bad situation.. and I don't want to sit in with those guys again..

Edward G. · #14 01-03-2011, 09:26 AM

If the contract calls for a certain payout in the event of a cancellation, the client should be ready to pay it without rancor or recrimination. End of story. The contract is the contract. There should be no wringing of hands over this unless the client couldn't afford to hold the party in the first place. Then everybody has a real problem.

DWBass · #15 01-03-2011, 09:31 AM

Sorry, it's full pay for me! No way I'm letting them off the hook!

LiquidMidnight · #16 01-03-2011, 01:09 PM

If the contract's not going to be enforced, then there was no point in having the contract in the first place. However, how you feel about the matter with regard to your pay is another matter. I think you're doing the spiritually correct thing by returning money.

Krispy · #17 01-03-2011, 01:25 PM

Quote:

Originally Posted by LiquidMidnight

If the contract's not going to be enforced, then there was no point in having the contract in the first place. However, how you feel about the matter with regard to your pay is another matter. I think you're doing the spiritually correct thing by returning money.

Contracts exist to be honored. If you need to feel whole by giving back, that's cool. But the client signed the contract and is responsible to his/her obligation.

The above quote is nail-on-head.

m0nst3r · #18 01-04-2011, 12:11 AM

If I was you, I would probably take the full amount (a contract is a contract), but I would only keep enough to cover my expenses. Then I would donate the rest to a good cause, so I would be square with the universe.

**jmattbassplaya** · #19 01-04-2011, 12:33 AM

Do what you feel is right, but don't blame the other guys for wanting their full cut - they are more than entitled to it.

scotts42 · #20 01-04-2011, 12:57 AM

Quote:

Originally Posted by m0nst3r

If I was you, I would probably take the full amount (a contract is a contract), but I would only keep enough to cover my expenses. Then I would donate the rest to a good cause, so I would be square with the universe.

+1